{"id":"F2001B00213","name":"Native Title (Alternative Right to Negotiate Scheme - South Australian Opal Mining Act 1995) Determination No 1 of 1997","slug":"native-title-alternative-right-to-negotiate-scheme-south-australian-opal-mining-act-1995-determinati","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30953,"registerId":"commonwealth-F2001B00213-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title (Alternative Right to Negotiate Scheme - South Australian Opal Mining Act 1995) Determination No 1 of 1997","content":"10\n\nCOMMONWEALTH OF AUSTRALIA\n\nNative Title Act 1993\n\nNATIVE TITLE (ALTERNATIVE RIGHT TO NEGOTIATE SCHEME ‑\n\nSOUTH AUSTRALIAN OPAL MINING ACT 1995)\n\nDETERMINATION No.1 of 1997\n\nI, JOHN JOSEPH HERRON, Minister for Aboriginal and Torres Strait Islander Affairs, being satisfied of the matters referred to in subsection 43(2) of the Native Title Act 1993, make the following determination under subsection 43(i) of that Act.\n\nDated 16th April 1997.\n\nJOHN HERRON\n\nMinister for Aboriginal and Torres Strait Islander Affairs\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Determination may be cited as the Native Title (Alternative Right to\n\nNegotiate Scheme - South Australian Opal Mining Act 1995) Determination No. 1 of\n\n1997.\n\nCommencement\n\n2. This Determination commences on 21 April 1997.\n\nAlternative provisions to have effect\n\n3. For the purposes of section 43(1) of the Native Title Act 1993, the\n\nprovisions of Part 7 of the Opal Mining Act 1995 (South Australia) are to have effect.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The determination performs exactly the function intended by section 43 of the Native Title Act 1993 — enabling approved state-based alternative schemes to replace the federal right-to-negotiate process. There is no scope creep; it is a precise, targeted instrument limited to opal mining in South Australia."},"complexity_factors":["Extremely short document — only 3 operative provisions plus citation/commencement","No defined terms within the instrument itself (relies entirely on external legislation)","Single operative mechanism: simple substitution of one legislative scheme for another","No conditional logic, exceptions, or nested provisions","Cross-references only to section 43 of the Native Title Act 1993 and Part 7 of the South Australian Opal Mining Act 1995 — both single, clear references"],"plain_english_summary":"This is a **ministerial determination** (an official decision made by a government minister) that changes how the **Native Title Act 1993** applies to opal mining in South Australia.\n\n**What it does:**\n- Normally, the Native Title Act gives Aboriginal and Torres Strait Islander people a **\"right to negotiate\"** — meaning mining companies must negotiate with native title holders before certain mining activities can go ahead.\n- This determination **replaces** that standard right-to-negotiate process with a different scheme set out in **Part 7 of South Australia's Opal Mining Act 1995**.\n\n**Who it affects:**\n- **Native title holders** in South Australian opal mining areas — their standard negotiation rights under federal law are swapped for the state-based process.\n- **Opal miners** in South Australia — they follow the state opal mining rules instead of the federal native title negotiation rules.\n\n**Why it matters:**\n- It creates a **streamlined, state-specific process** for opal mining that (in theory) is better suited to the unique nature of opal mining (small-scale, speculative, scattered deposits).\n- However, it also means **less federal protection** for native title holders in this specific context — the federal \"right to negotiate\" is switched off and replaced with state rules.\n- This was part of a broader scheme where states could get federal approval to run their own alternative processes, provided they met certain standards."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination implements the stated intention in the instrument: to apply Part 7 of the Opal Mining Act 1995 (SA) for the purposes of subsection 43(1) of the Native Title Act 1993. It does not expand or narrow that scope within the text provided; the substantive scope of application depends on the content of subsection 43(1) and Part 7 themselves, which are imported by reference (preamble, clause 3)."},"complexity_factors":["Direct cross-reference to another Commonwealth Act provision (subsection 43(1) of the Native Title Act 1993) creates dependency on external text for substantive effect (preamble, clause 3).","Incorporation by reference of Part 7 of an external State Act (Opal Mining Act 1995 (SA)) means substantive content is not in this instrument but must be consulted elsewhere (clause 3).","Ministerial discretion is required (satisfaction of matters in subsection 43(2) of the Native Title Act 1993) prior to making the determination, raising interpretive and procedural questions about that satisfaction (preamble).","The instrument is procedurally short: it sets an operative effect and commencement date but relies on other texts for details, which increases practical complexity for users who must cross-reference multiple statutes (clause 2 and clause 3)."],"plain_english_summary":"This ministerial determination (effective 21 April 1997) declares that, for the legal purposes of subsection 43(1) of the Native Title Act 1993, the rules and procedures of Part 7 of South Australia’s Opal Mining Act 1995 apply. It affects anyone subject to s43(1) in relation to opal mining in SA: those matters must now be handled under Part 7’s procedures (imported by reference) following the Minister’s satisfaction of s43(2)."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-alternative-right-to-negotiate-scheme-south-australian-opal-mining-act-1995-determinati","history":"/api/acts/native-title-alternative-right-to-negotiate-scheme-south-australian-opal-mining-act-1995-determinati/history","analysis":"/api/acts/native-title-alternative-right-to-negotiate-scheme-south-australian-opal-mining-act-1995-determinati/analysis","conflicts":"/api/acts/native-title-alternative-right-to-negotiate-scheme-south-australian-opal-mining-act-1995-determinati/conflicts","importantCases":"/api/acts/native-title-alternative-right-to-negotiate-scheme-south-australian-opal-mining-act-1995-determinati/important-cases","documents":"/api/acts/native-title-alternative-right-to-negotiate-scheme-south-australian-opal-mining-act-1995-determinati/documents"}}